A BILL to amend and reenact sections one, three, five, six, ten,
eleven, thirteen, seventeen, eighteen-a, nineteen and
twenty, article sixteen-a, chapter seventeen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to the West Virginia parkways,
economic development and tourism authority; deleting
economic development and tourism from the authority's name;
deleting references to economic development and tourism
projects and functions; effective the first day of July, one
thousand nine hundred ninety-six, returning budgetary
control of the parkways authority to the Legislature;
certain expenses payable solely from legislative appropriation; and special revenue fund created in the state
treasury for revenues received by the authority in excess of
the amount needed to redeem bonds issued by the authority,
satisfy current debt service, meet obligations in the bond
resolution or trust agreement and to maintain projects of
the authority.

Be it enacted by the Legislature of West Virginia:
That sections one, three, five, six, ten, eleven, thirteen,
seventeen, eighteen-a, nineteen and twenty, article sixteen-a,
chapter seventeen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:ARTICLE 16A. WEST VIRGINIA PARKWAYS AUTHORITY.§17-16A-1. Constructing, operating, financing, etc., parkway
projects.In order to remove the present handicaps and hazards on the
congested highways and roads in the state of West Virginia, to
facilitate vehicular traffic throughout the state, to promote and
enhance the tourism industry and to develop and improve tourist
facilities and attractions in the state, to promote the
agricultural economic and industrial development of the state,
and to provide for the construction of modern express highways including center divisions, ample shoulder widths, longsight
distances, the bypassing of cities, multiple lanes in each
direction and grade separations at all intersections with other
highways and railroads, to provide for the development,
construction, improvement and enhancement of state parks tourist
facilities and attractions, and to provide for the improvement
and enhancement of state parks presently existing, the West
Virginia parkways economic development and tourism authority
(hereinafter created) is hereby authorized and empowered to
construct, reconstruct, improve, maintain, repair and operate
parkway projects economic development projects and tourism
projects (as those terms are hereinafterthat term is defined in
section five of this article) at such locations as shall beare
approved by the state department of transportation, and to issue
parkway revenue bonds of the state of West Virginia, payable
solely from revenues, to pay the cost of such projects.

On and after the first day of June, one thousand nine
hundred eighty-nine, the West Virginia turnpike commission is hereby abolished in all respects, and there is hereby created the
"West Virginia Parkways Economic Development and Tourism
Authority," and by that name the parkways authority may sue and
be sued and plead and be impleaded. The parkways authority is
hereby constituted an agency of the state, and the exercise by
the parkways authority of the powers conferred by this article in
the construction, reconstruction, improvement, operation and
maintenance of parkway economic development and tourism projects
shall be deemedconsidered and held to be an essential
governmental function of the state.
The West Virginia parkways economic development and tourism
authority shall consist of seven members, including the
transportation secretary, who shall serve as chairman of the
parkways authority, and six members, including no less than one
from each of the counties which have land bordering parkway
projects, appointed by the governor, by and with the advice and
consent of the Senate. The appointed members shall be residents
of the state, and shall have been qualified electors thereinin
the state for a period of at least one year next preceding their
appointment. Upon the effective date of this legislation, the
governor shall forthwith appoint six members of the parkways authority for staggered terms. The terms of the parkways
authority members first taking office on or after the effective
date of this legislation shall expire as designated by the
governor at the time of the nomination, one at the end of the
first year, one at the end of the second year, one at the end
of the third year, one at the end of the fifth year, one at the
end of the sixth year, and one at the end of the seventh year,
after the first day of June, one thousand nine hundred eighty-
nine. As these original appointments expire, each subsequent
appointment shall be for a fullan eight-year term. Any member
whose term has expired shall serve until his or her successor has
been duly appointed and qualified. Any person appointed to fill
a vacancy shall serve only for the unexpired term. Any member
shall beis eligible for reappointment. The term of any person
serving as a member of the West Virginia turnpike commission
immediately preceding the effective date of this legislation
shall cease and otherwise expire upon such effective date:
Provided, That any such member shall be eligible for
reappointment. Each appointed member of the parkways authority
before entering upon his or her duties shall take an oath as
provided by section five of article IV of the Constitution of the state of West Virginia.
The parkways authority shall elect one of the appointed
members as vice chairman, and shall also elect a secretary and
treasurer who need not be members of the parkways authority.
Four members of the parkways authority shall constitute a quorum
and the vote of a majority of members present shall beis
necessary for any action taken by the parkways authority. No
vacancy in the membership of the parkways authority shall impair
impairs the right of a quorum to exercise all the rights and
perform all the duties of the parkways authority. The parkways
authority shall meet at least monthly and either the chairman or
any four members shall be empowered tomay call special meetings
for any purpose or purposes: Provided, That notice of any such
special meeting shall be given to all members of the parkways
authority not less than ten days prior to saidthe special
meetings.
Before the issuance of any parkway revenue bonds or revenue
refunding bonds under the provisions of this article, each
appointed member of the parkways authority shall execute a surety
bond in the penal sum of twenty-five thousand dollars and the
secretary and treasurer shall execute a surety bond in the penal sum of fifty thousand dollars, each such surety bond to be
conditioned upon the faithful performance of the duties of his or
her office, to be executed by a surety company authorized to
transact business in the state of West Virginia as surety and to
be approved by the governor and filed in the office of the
secretary of state.
The members of the parkways authority shall not beare not
entitled to compensation for their services, but each member
shall be reimbursed for his or her actual expenses necessarily
incurred in the performance of his or her duties. All expenses
incurred in carrying out the provisions of this articleconstructing, reconstructing, maintaining, improving, repairing,
operating and insuring projects authorized by this article and in
retiring the principal of and the interest on bonds issued by the
authority pursuant to this article or its predecessor shall be
payable solely from funds provided under the authority of this
articlerevenues and the proceeds from the sale of revenue bonds
and refunding bonds. On and after the first day of July, one
thousand nine hundred ninety-six, all other expenses incurred in
carrying out the provisions of this article shall be payable
solely from funds appropriated for that purpose by the Legislature and no liability or obligation shall be incurred by
the parkways authority hereunderunder this article beyond the
extent to which moneys shall have been provided under the
authority of this article.

§17-16A-5. Definitions.

Unless the context indicates or requires a different
meaning, as used in this article, the following words and terms
shall have the following meanings: unless the context shall
indicate another or different meaning or intent
(a) The words "parkways authority" mean the West Virginia
parkways economic development and tourism authority created by
section three of this article, or if saidthe parkways authority
shall beis abolished, the board, body, commission or authority
succeeding to the principal functions thereofof the parkways
authority or to whom the powers given by this article to the
parkways authority shall beare given by law.
(b) The words "parkway project" mean any expressway,
turnpike, trunkline, feeder road, state local service road or
park and forest road which the parkways authority may at any time
determine to construct, reconstruct, maintain, improve or repair
under the provisions of this article, or any expressway, turnpike or other road constructed by the West Virginia turnpike
commission pursuant to the authority granted to it under the laws
of this state prior to the first day of June, one thousand nine
hundred eighty-nine, and shall embrace all bridges, tunnels,
overpasses, underpasses, interchanges, entrance plazas,
approaches, toll houses, service stations and administration,
storage and other buildings, which the parkways authority may
deemconsider necessary for the operation of the parkway project,
or which is used in the operation of a parkway project
constructed prior to the first day of June, one thousand nine
hundred eighty-nine, together with all property, rights,
easements and interests which may be acquired by the parkways
authority for the construction or the operation of the parkway
project or which were acquired in connection with or are used in
the operation of a parkway project constructed prior to the first
day of June, one thousand nine hundred eighty-nine.(c) The words "tourism project" mean (i) any park or tourist
facility and attraction which the parkways authority may at any
time determine to create, develop, construct, reconstruct,
improve, maintain or repair under the provisions of this article,
and shall embrace all roads, interchanges, entrance plazas, approaches, services stations, administration, storage and any
other buildings or service stations, structures which the
parkways authority may deem necessary for the operation of the
tourism project, together with all property rights, easements and
interests which may be acquired by the parkways authority for the
construction or operation of the tourism project; and (ii) the
construction, reconstruction, improvement, maintenance and repair
of any park or tourist facility and attraction owned by the state
as of the first day of June, one thousand nine hundred eighty-
nine.(d) The words "economic development project" mean any land
or water site, structure, facility or equipment which the
parkways authority may at any time determine to acquire, create,
develop, construct, reconstruct, improve or repair under the
provisions of this article to promote the agricultural, economic
or industrial development of the state, together with all
property rights, easements and interests which may be acquired by
the parkways authority for the development, construction or
operation of such project.(e)(c) The words "project" or "projects" mean a parkway
project. economic development project or tourism project, or any combination thereof(f)(d) The words "transportation secretary" mean the
secretary of the state department of transportation.(g)(e) The words "West Virginia turnpike commission" mean
the state turnpike commission existing as of the first day of
June, one thousand nine hundred eighty-nine.(h) The words "tourist facility and attraction" mean cabins,
lodges, recreational facilities, restaurants, and other revenue
producing facilities, any land or water site, and any information
center, visitors' center or rest stop which the parkways
authority determines may improve, enhance or contribute to the
development of the tourism industry in the state.(i)(f) The word "turnpike" means the West Virginia Turnpike
or any other toll road in the state.(j)(g) The word "expressway" means any road serving major
intrastate and interstate travel, including federal interstate
routes.(k)(h) The word "trunkline" means any road serving major
city to city travel.(l)(i) The words "feeder roads" mean any road serving
community to community travel or collects and feeds traffic to an expressway or turnpike.(m)(j) The words "local service road" mean any local
arterialized and spur roads which provide land access and
socioeconomic benefits to abutting properties.(n)(k) The words "park and forest roads" mean any road
serving travel within state parks, state forests and public
hunting and fishing areas.(o)(l) The word "cost" as applied to any project, including
without limitation the West Virginia Turnpike in sections eleven
and twenty-two of this article, embraces the cost of
construction, reconstruction, maintenance, improvement, repair
and operation of the project, the cost of the acquisition of all
land, rights-of-way, property, rights, easements and interests
acquired by the parkways authority for suchthe construction,
reconstruction, maintenance, improvement and repair, the cost of
all machinery, equipment, material and labor which are deemed
considered essential theretoto the project, the cost of
improvements, the cost of financing charges, interest prior to
and during construction and for one year after completion of
construction, the cost of traffic estimates and of engineering,
consultant, accounting, architects', trustees' and legal fees and expenses, plans, specifications, surveys, estimates of cost and
of revenues, other costs and expenses necessary or incident to
determining the feasibility or practicability of constructing any
such project administrative expenses and such other costs and
expenses as may be necessary or incident to the construction of
the project, the financing of suchthe construction and the
placing of the project in operation or to the operation of the
project. Any obligation or expense hereafter incurred by the
commissioner of the departmentdivision of highways with the
approval of the parkways authority for traffic surveys, borings,
preparation of plans and specifications, and other engineering
and consulting services in connection with the construction of a
project shall be regarded as a part of the cost of suchthe
project and shall be reimbursed to the state out of the proceeds
of parkway revenue bonds or revenue refunding bonds hereinafter
authorized by this article.(p)(m) The word "owner" includes all individuals,
copartnerships, associations or corporations having any title or
interest in any property, rights, easements and interests
authorized to be acquired by this article.(q)(n) The words "West Virginia Turnpike" mean the turnpike from Charleston to a point approximately one mile south of the
intersection of Interstate 77 and U. S. Route 460 near Princeton
in Mercer County, West Virginia, which road is presently a part
of the federal interstate highway system.

§17-16A-6. Parkways authority's powers.

(a) The parkways authority is hereby authorized and
empowered:
(1) To adopt bylaws for the regulation of its affairs and
the conduct of its business;
(2) To adopt an official seal and alter the same at its
pleasure;
(3) To maintain an office at suchany place or places within
the state as it may designatedesignates;
(4) To sue and be sued in its own name and to plead and be
impleaded. Any and all action against the parkways authority
shallmay be brought only in the county in which the principal
office of the parkways authority shall beis located;
(5) To construct, reconstruct, improve, maintain, repair and
operate projects at such locations within the state as may be
determined by the parkways authority: Provided, That the
parkways authority shall beis prohibited from constructing motels or any other type of lodging facility within five miles of
the West Virginia Turnpike;
(6) To issue parkway revenue bonds of the state of West
Virginia, payable solely from revenues, for the purpose of paying
all or any part of the cost of any one or more projects. whichThe costs may include, with respect to the West Virginia
Turnpike, suchthose funds asthat are necessary to repay to the
state of West Virginia all or any part of the state funds used to
upgrade the West Virginia Turnpike to federal interstate
standards;
(7) To issue parkway revenue refunding bonds of the state of
West Virginia, payable solely from revenues, for any one or more
of the following purposes: (i) Constructing improvements,
enlargements or extensions to the project in connection with
which the bonds to be refunded were issued; (ii) paying all or
part of the cost of any additional project or projects; (iii)
refunding any bonds which shall have beenwere issued under the
provisions of this article or any predecessor thereofof this
article; and (iv) repaying to the state all or any part of the
state funds used to upgrade the West Virginia Turnpike to federal
interstate standards;
(8) To fix and revise from time to time tolls for transit
over each parkway project constructed by it or by the West
Virginia turnpike commission;
(9) To fix and revise from time to time rents, fees or other
charges, of whatever kind or character, for the use of each
tourism project or economic development project constructed by it
or for the use of any building, structure or facility constructed
by it in connection with a parkway project;
(10) To acquire, hold, lease and dispose of real and
personal property in the exercise of its powers and the
performance of its duties under this article;
(11) To acquire in the name of the state by purchase or
otherwise, on such terms and conditions and in such manner as it
may deemconsiders proper, or by the exercise of the right of
condemnation in the manner hereinafter provided in this article,
such public or private lands, including public parks, playgrounds
or reservations, or parts thereof or rights therein, rights-of-
way, property, rights, easements and interests, as it may deem
considers necessary for carrying out the provisions of this
article. No compensation shallmay be paid for public lands,
playgrounds, parks, parkways or reservations so taken by the right of condemnation, and all public property damaged in
carrying out the powers granted by this article shall be restored
or repaired and placed in its original condition as nearly as
practicable;
(12) To designate the locations, and establish, limit and
control such points of ingress to and egress from each project as
may be necessary or desirable in the judgment of the parkways
authority to ensure the proper operation and maintenance of such
the project, and to prohibit entrance to suchthe project from
any undesignated point or points; not so designated
(13) To make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this article, and to employ
consulting engineers, attorneys, accountants, architects,
construction and financial experts, trustees, superintendents,
managers and such other employees and agents as may be necessary
in its judgment, and to fix their compensation. All suchEffective the first day of July, one thousand nine hundred
ninety-six, these expenses shall beare payable solely from the
proceeds of parkway revenue bonds or parkway revenue refunding
bonds issued under the provisions of this article, tolls or from revenuesfunds appropriated by the Legislature for these
purposes;
(14) To make and enter into all contracts, agreements or
other arrangements with any agency, department, division, board,
bureau, commission, authority or other governmental unit of the
state to operate, maintain or repair any project;
(15) To receive and accept from any federal agency grants
for or in aid of the construction of any project, and to receive
and accept aid or contributions from any source of either money,
property, labor or other things of value, to be held, used and
applied only for the purposes for which suchthe grants and
contributions may bewere made;
(16) To do all acts and things necessary or convenient to
carry out the powers expressly granted in this article; and
(17) To file the necessary petition or petitions pursuant to
Title 11, United States Code, Sec. 401 (being section 81 of the
act of Congress entitled "An act to establish a uniform system of
bankruptcy throughout the United States," approved July 1, 1898,
as amended) and to prosecute to completion all proceedings
permitted by Title 11, United States Code, Secs. 401-403 (being
sections 81 to 83, inclusive, of said act of Congress). The state of West Virginia hereby consents to the application of said
Title 11, United States Code, Secs. 401-403, to the parkways
authority.
(b) Nothing in this article shallmay be construed to
prohibit the issuance of parkway revenue refunding bonds in a
common plan of financing with the issuance of parkway revenue
bonds.

§17-16A-10. Parkway revenue bonds -- Generally.

The parkways authority is hereby authorized to provide by
resolution, at one time or from time to time, for the issuance of
parkway revenue bonds of the state for the purpose of paying all
or any part of the cost of one or more projects: Provided, That
this section shallmay not be construed as authorizing the
issuance of parkway revenue bonds for the purpose of paying the
cost of the West Virginia Turnpike, which parkway revenue bonds
may be issued only as authorized under section eleven of this
article. The principal of and the interest on suchthese bonds
shall beare payable solely from the funds herein provided in
this section for suchthis payment. The bonds of each issue
shall be dated, shall bear interest at sucha rate or rates as
may be determined by the parkways authority in its sole discretion, shall mature at sucha time or times not exceeding
forty years from their date or dates, as may be determined by the
parkways authority, and may be made redeemable before maturity,
at the option of the parkways authority, at sucha price or
prices and under such terms and conditions as may be fixed by the
parkways authority prior to the issuance of the bonds. The
parkways authority shall determine the form of the bonds,
including any interest coupons to be attached theretoto the
bonds, and shall fix the denomination or denominations of the
bonds and the place or places of payment of principal and
interest, which may be at any bank or trust company within or
without the state. The bonds shall be executed by manual or
facsimile signature by the governor and by the chairman of the
parkways authority, and the official seal of the parkways
authority shall be affixed to or printed on each bond, and
attested, manually or by facsimile signature, by the secretary
and treasurer of the parkways authority, and any coupons attached
to any bond shall bear the manual or facsimile signature of the
chairman of the parkways authority. In case any officer whose
signature or a facsimile of whose signature appears on any bonds
or coupons shall ceaseceases to be suchan officer before the delivery of suchthe bonds, suchthe signature or facsimile shall
is nevertheless be valid and sufficient for all purposes the same
as if he or she had remained in office until suchthe delivery;
and, in case the seal of the parkways authority has been changed
after a facsimile has been imprinted on suchthe bonds, suchthe
facsimile seal will continue to be sufficient for all purposes.
All bonds issued under the provisions of this article shall have
and are hereby declared to have all the qualities and incidents
of negotiable instruments under the negotiable instruments law of
the state. The bonds may be issued in coupon or in registered
form, or both, as the parkways authority may determine
determines, and provision may be made for the registration of any
coupon bonds as to principal alone and also as to both principal
and interest, and for the recorders into coupon bonds of any
bonds registered as to both principal and interest. The parkways
authority may sell suchthe bonds in suchany manner, either at
public or at private sale, and for sucha price, as it may
determinedetermines to be in the best interests of the state.
The proceeds of the bonds of each issue shall be used solely
for the payment of the cost of the parkway project or projects
for which suchthe bonds shall have beenwere issued, and shall be disbursed in such manner and under such restrictions, if any,
as the parkways authority may provideprovides in the resolution
authorizing the issuance of suchthe bonds or in thea trust
agreement hereinafter mentioned securing the samebonds, as
provided in section twelve of this article. If the proceeds of
the bonds of any issue, by error of estimates or otherwise, shall
beare less than suchthe cost, additional bonds may in like
manner be issued to provide the amount of suchthe deficit, and,
unless otherwise provided in the resolution authorizing the
issuance of suchthe bonds or in the trust agreement securing
samebonds. The additional bonds shall be deemedconsidered to
be of the same issue and shall beare entitled to payment from
the same fund without preference or priority of the bonds first
issued. If the proceeds of the bonds of any issue shall exceed
the cost of the project or projects for which the same shall have
beenthose bonds were issued, the surplus shall be deposited to
the credit of the sinking fund for such bondsin the state
treasury and credited to the general revenue fund.
Prior to the preparation of definitive bonds, the parkways
authority may, under like restrictions, issue interim receipts or
temporary bonds, with or without coupons, exchangeable for definitive bonds when suchthe definitive bonds shall have been
executed and are available for delivery. The parkways authority
may also provide for the replacement of any bonds which shall
become mutilated, or shall be destroyed or lost. Bonds may be
issued under the provisions of this article without obtaining the
consent of any department, division, commission, board, bureau or
agency of the state, and without any other proceedings or the
happening of any other conditions or things than those
proceedings, conditions or things which are specifically required
by this article.

The parkways authority is hereby authorized to provide by
resolution, at one time or from time to time, for the issuance of
parkway revenue bonds of the state in an aggregate principal
amount not to exceed eighty-three million dollars for the purpose
of paying (i) all or any part of the cost of the West Virginia
Turnpike, which cost may include, but not be limited to, an
amount equal to the state funds used to upgrade the West Virginia
Turnpike to federal interstate standards, and (ii) to the extent
permitted by federal law, all or any part of the cost of any related parkway project. For purposes of this section eleven
only, a "related parkway project" means any information center,
visitors' center or rest stop, or any combination thereof, and
any expressway, turnpike, trunkline, feeder road, state local
service road or park and forest road which connects to or
intersects with the West Virginia Turnpike and is located within
seventy-five miles of said turnpike as it existsexisted on the
first day of June, one thousand nine hundred eighty-nine, or any
subsequent expressway, trunkline, feeder road, state local
service road or park and forest road constructed pursuant to this
article: Provided, That nothing herein shall bein this section
may be construed as prohibiting the parkways authority from
issuing parkway revenue bonds pursuant to section ten of this
article for the purpose of paying all or any part of the cost of
any sucha related parkway project: Provided, however, That none
of the proceeds of the issuance of parkway revenue bonds under
this section shallmay be used to pay all or any part of the cost
of any economic development project, except as provided in
section twenty-three of this article: Provided further, That
nothing herein shallmay be construed as prohibiting the parkways
authority from issuing additional parkway revenue bonds to the extent permitted by applicable federal law for the purpose of
constructing, maintaining and operating any highway constructed,
in whole or in part, with money obtained from the appalachian
regional commission so long as saidthe highway connects to the
West Virginia Turnpike as it existed as of the first day of June,
one thousand nine hundred eighty-nine. Except as otherwise
specifically provided in this section, the issuance of parkway
revenue bonds pursuant to this section, the maturities and other
details thereof, the rights of the holders thereof, and the
rights, duties and obligations of the parkways authority in
respect of the same, shall be governed by the provisions of this
article insofar as the same may bethey are applicable.

(a) The parkways authority is hereby authorized to fix,
revise, charge and collect tolls for the use of each parkway
project and the different parts or sections thereofof each
parkway projectand to fix, revise, charge and collect rents,
fees, charges and other revenues, of whatever kind or character,
for the use of each economic development project or tourism
project, or any part or section thereof and to contract with any person, partnership, association or corporation desiring the use
of any part thereofof a project, including the right-of-way
adjoining the paved portion, for placing thereonon it telephone,
telegraph, electric light, power or other utility lines, gas
stations, garages, stores, hotels, restaurants and advertising
signs, or for any other purpose except for tracks for railroad or
railway use, and to fix the terms, conditions, rents and rates of
charges for such use. SuchThe tolls, rents, fees and charges
shall be so fixed and adjusted in respect of the aggregate of
tolls, or in respect of the aggregate rents, fees and charges
fromgenerated by the project or projects in connection with
which the bonds of anyan issue shall have beenwere issued so as
to provide a fund sufficient by itself or with other revenues, if
any, to pay (a) the cost of maintaining, repairing and operating
suchthe project or projects and (b) the principal of and the
interest on suchthe bonds as the same shallthey become due and
payable. and to create reserves for such purposesDetermination
of the amount ofsuchthe tolls, rents, fees and other charges
shall not beare not subject to supervision or regulation by any
other commission, board, bureau, department or agency of the
state. Except for that part of the revenues that is necessary to pay the cost of maintenance, repair and operation and to provide
any reserves for these costs required by the resolution
authorizing the bond issue or by the trust agreement securing the
bonds, the tolls, rents, fees, charges and all other revenues
derived from the project or projects in connection with which the
bonds of anyan issue shall have beenwere issued except such
thereof as may be necessary to pay such cost of maintenance,
repair and operation and to provide such reserves therefor as may
be provided for in the resolution authorizing the issuance of
such bonds or in the trust agreement securing the same, shall be
set aside at such regular intervals as may be provided in such
resolution or such trust agreement in a sinking fund whicha
special revenue fund hereby established for this purpose in the
state treasury. This special revenue fund shall be known as the
"Parkways Authority Bond Repayment Fund" and it is hereby pledged
to, and charged with, the payment of (1) the interest upon such
the bonds as suchthe interest shall fallfalls due, (2) the
principal of suchthe bonds as the same shall fallit falls due,
(3) the necessary charges of paying agents for paying principal
and interest, and (4) the redemption price or the purchase price
of bonds retired by call or purchase as therein provided in the bond issue. The use and disposition of moneys to the credit of
such sinking fundthis special revenue fundshall beare subject
to the provisions of the resolution authorizing the issuance of
suchthe bonds or of suchthe trust agreement securing the bonds.
Except as may otherwise be provided in suchthe resolution or
suchthe trust agreement, such sinking fundthe special revenue
fund shall be a fund for all such bonds without distinction or
priority of one over another. If not used for the purchase of
bonds for cancellation within a reasonable time as provided in
this section, the moneys in the sinking fund,special revenue
fund, less suchany reserve as may be provided inrequired by
suchthe resolution or trust agreement, if not used within a
reasonable time for the purchase of bonds for cancellation as
above provided, shall be applied to the redemption of bonds at
the redemption price then applicabledeposited into the general
revenue fund in the state treasury and are thereafter subject to
appropriation by the Legislature.
(b) The parkways authority shall cause, as soon as it is
legally able to do so, all contracts to which it is a party and
which relate to the operation, maintenance or use of any
restaurant, motel or other lodging facility, truck and automobile service facility, food vending facility or any other service
facility located along the West Virginia Turnpike, to be renewed
on a competitive bid basis. All contracts relating to any
facility or services entered into by the parkways authority with
a private party with respect to any project constructed after the
effective date of this legislation shall be let on a competitive
bid basis only. If the parkways authority receives a proposal
for the development of a project, suchthe proposal shall be made
available to the public in a convenient location in the county
wherein the proposed facility may be located. The parkways
authority shall publish a notice of the proposal by a Class I
legal advertisement in accordance with the provisions of article
three, chapter fifty-nine of this code. The publication area
shall be the county in which the proposed facility would be
located. Any citizen may communicate by writing to the parkways
authority his or her opposition to or approval to suchof the
proposal within a period of time not less than forty-five days
from the publication of the notice. No contract for the
development of a project may be entered into by the parkways
authority until a public hearing is held in the vicinity of the
location of the proposed project with at least twenty days notice of suchthe hearing by a Class I publication pursuant to section
two, article three, chapter fifty-nine of this code. The
parkways authority shall make written findings of fact prior to
rendering a decision on any proposed project. All studies,
records, documents and other materials which are considered by
the parkways authority in making suchthe findings shall be made
available for public inspection at the time of the publication of
the notice of public hearing and at a convenient location in the
county where the proposed project may be located. The parkways
authority shall promulgate rules in accordance with article
three, chapter twenty-nine-a of this code for the conduct of any
hearing required by this section. Persons attending any sucha
hearing shall be afforded a reasonable opportunity to speak and
be heard on the proposed project.

(a) All private property damaged or destroyed in carrying
out the powers granted by this article shall be restored or
repaired and placed in its original condition as nearly as practicable or adequate compensation made thereforfor the
restoration or repair out of funds provided under the authority
of this article.(b) All counties, cities, villages, townships and other
political subdivisions and all public agencies and commissions of
the state of West Virginia, notwithstanding any contrary
provision of law, are hereby authorized and empowered to lease,
lend, grant or convey to the parkways authority at its request
upon such terms and conditions as the proper authorities of such
those counties, cities, villages, townships, other political
subdivisions or public agencies and commissions of the state may
deemconsider reasonable and fair and without the necessity for
any advertisement, order of court or other action or formality,
other than the regular and formal action of the authorities
concerned, any real property which may be necessary or convenient
to the effectuation of the authorized purposes of the parkways
authority, including public roads and other real property already
devoted to public use.(c) Each project when constructed and opened to traffic or
use shall be maintained and kept in good condition and repair by
the parkways authority. The parkways authority and the superintendent of the department of public safetyWest Virginia
state police may by agreement provide that suchthe project or
projects shall be policed by members of such departmentthe state
police under such terms and conditions as they may determine,
excepting that all costs thereofof the policing, either direct
or indirect, including overhead costs attributable theretoto the
policing, shall be paid unto such departmentto the state police
by the parkways authority at regular intervals not to exceed one
year.(d)Whoever shall knowingly or intentionally defraud or
attemptAny person who knowingly or intentionally defrauds or
attempts to defraud the parkways authority, any of its tolltakers
or other employees in regard to the payment of tolls, rents, fees
or charges established by the parkways authority for the use of
any such project or evade or attemptwho evades or attempts to
evade or whoever shall aidwho aids another to evade or attempt
to evade the payment of suchthe toll, rent, fee or charge or
whoever shallwho intentionally and knowingly trespasstrespasses
upon any project shall beis guilty of a misdemeanor; and for
every such offense shall, upon conviction thereof, be fined not
in excess ofmore than fifty dollars. Magistrate courts shall have jurisdiction of misdemeanors created by this paragraph
subsection concurrently with circuit courts.

(a) The parkways authority is hereby authorized to operate
the currently existing toll collection facility located at the
interchange of U.S. Route 19 (Corridor "L") and said turnpike
subject to the following:
(1) The toll fee charges by the parkways economic
development and tourism authority at its toll facilities located
at the interchange of U.S. Route 19 (Corridor "L") and said
turnpike shall not exceed those toll charges levied and collected
by the authority at said interchange as of the first day of
January, one thousand nine hundred ninety, and hereafter, no
proposed increase in such toll fees shall be implemented by the
parkways authority unless the authority shall have first complied
with validly promulgated and legislatively approved rules and
regulations pursuant to the applicable provisions of chapter
twenty-nine-a of this code;
(2) As soon as reasonably possible after the effective date
of this legislation, but in no event later than the first day of July, one thousand nine hundred ninety, the authority shall
establish, advertise, implement and otherwise make generally
available to all qualified members of the public, resident or
nonresident, a system of commuter passes, in a form to be
determined by the authority: Provided, That said system of
commuter passes shall, at a minimum, permit the holder of such
pass or passes, after paying the applicable fee to the authority,
to travel through the U.S. Route 19 (Corridor "L") turnpike
interchange and toll facilities on an unlimited basis, without
additional charge therefor, for a period of one year after the
issuance of said commuter pass or passes: Provided, however,
That the cost for such commuter pass or passes shall in no event
aggregate more than five dollars per year for a full calendar
year of unlimited travel through the U.S. Route 19 (Corridor "L")
turnpike interchange toll facilities.
To the extent required or necessary, the parkways authority
is further hereby authorized and empowered, in addition to the
extent previously authorized and empowered pursuant to section
six and section thirteen-b, article sixteen-a of this chapter, to
promulgate rules in accordance with chapter twenty-nine-a of this
code with regard to the implementation of proposed future toll increases at the U.S. Route 19 (Corridor "L") turnpike toll
facility;
(3) The system of commuter passes implemented in accordance
with the provisions of subdivision (2), subsection (a), above,
shall be available only for use when operating or traveling in a
Class "A" motor vehicle as herein defined. Whoever shall
knowingly or intentionally utilize any commuter pass issued in
accordance with this section while operating other than a Class
"A" motor vehicle, as herein defined, at the U.S. Route 19
(Corridor "L") turnpike toll facility, or any other toll facility
at or upon which such pass may later be usable, shall be guilty
of a misdemeanor, and for every such offense shall, upon
conviction thereof, be punished in accordance with the provisions
of section seventeen, article sixteen-a of this chapter; and the
parkways authority shall hereafter be authorized and empowered to
cancel any such commuter pass or passes improperly used in
accordance with this section;
(4) In addition to the annual report required by section
twenty-six of this article, the parkways authority will prepare
and deliver to the governor, the speaker of the House of
Delegates and the president of the Senate a separate annual report of toll revenues collected from the U.S. Route 19
(Corridor "L") turnpike toll facility. The report shall disclose
separately the toll revenues generated from regular traffic and
the commuter pass created herein. The reports shall include, but
not be limited to, disclosing separately the expenditure of said
toll revenues generated from the U.S. Route 19 (Corridor "L")
turnpike toll facility including a description of the purposes
for which such toll revenues are expended;
(5) In the event any court of competent jurisdiction shall
issue an order which adjudges that any portion of subdivision
(1), (2) or (3), subsection (a) of this section is illegal,
unconstitutional, unenforceable or in any manner invalid, the
parkways authority shall discontinue, remove and not otherwise
relocate the U.S. Route 19 (Corridor "L") turnpike toll facility
within three hundred sixty-five days after the date upon which
said court order is final or all appeals to said order have been
exhausted;
(6) For the purpose of this section, a Class "A" vehicle
shall be defined as a motor vehicle of passenger type and truck
with a gross weight of not more than 8,000 pounds and registered
or eligible for registration as a Class "A" vehicle in accordance with section one, article ten, chapter seventeen-a of this code
as the same is currently constituted; and
(7) Notwithstanding any other provisions of the code to the
contrary, the parkways authority may not promulgate emergency
rules in accordance with section fifteen, article three, chapter
twenty-nine-a of this code to increase or decrease toll fees or
the commuter pass fee established herein.
(b) Nothing in this section is to be construed to apply to,
regulate, or in any manner affect the operation of the three main
line toll barriers and toll collection facilities currently
located on the West Virginia Turnpike and operated by the
parkways authority as Barrier A, Barrier B and Barrier C (I-64,
I-77).

§17-16A-19. Preliminary expenses.

The commissioner of the state departmentdivision of
highways is hereby authorized in his or her discretion to expend
out of any funds available for the purpose such moneys as may be
necessary for the study of any parkway , economic development or
tourism project or projects and to use the departmentdivision of
highway's engineering and other forces, including consulting
engineers and traffic engineers, for the purpose of effecting such study and to pay for such additional engineering and traffic
and other expert studies as he or shemay deemconsiders
expedient; and all such expenses incurred by the state department
division of highways prior to the issuance of parkway revenue
bonds or revenue refunding bonds under the provisions of this
article shall be paid by the state departmentdivision of
highways and charged to the appropriate project or projects, and
the state departmentdivision of highways shall keep proper
records and accounts showing each amount so charged. Upon the
sale of parkway revenue bonds or revenue refunding bonds for any
project or projects, the funds so expended by the state
departmentdivision of highways in connection with such project
or projects shall be reimbursed to the state departmentdivision
of highways from the proceeds of such bonds.

§17-16A-20. Parkway projects part of state road system; pledge
of limited funds by state division of highways in
case of deficit.

It is hereby declared that any expressway, turnpike, feeder
road, state local service road or park and forest road or other
road, or any subsequent expressway, turnpike feeder road, state
local service road, park and forest road or other road constructed pursuant to this article shall beis a part of the
state road system, although subject to the provisions of this
article and of any bonds or trust agreements entered into
pursuant theretoto the bonds, and that the construction of such
the parkway projects shall be considered as developments of the
state road system. Any other provisions of this article to the
contrary notwithstanding, in order to encourage the development
of the state road system, the state is authorized in its
discretion to pledge by resolution and agreement annually to pay
from the state road fund, subject to all prior commitments of
suchthe fund which shall be stated in the resolution and
agreement, the amount of any yearly deficit between the principal
and interest requirements of any such parkway project or portion
thereofof a parkway project hereafter constructed and the amount
available in the hands of the parkways authority to pay suchthe
requirements, up to three fourths of one percent of the estimated
or actual construction cost of suchthe parkway project or
portion thereof for which suchthe pledge is made, until any
bonds issued and interest due upon the basis of such athe pledge
have been fully paid and satisfied: Provided, That the state
departmentdivision of highways shallmay not enter into noany agreement with underwriters on any bond issue for the purpose of
constructing or aiding in the construction of any toll road
unless and until there is filed with the parkways authority a
report and finding of reputable traffic engineers of national
standing, showing that the earnings from the proposed toll road
will be sufficient to provide annual income in an amount at least
large enough to cover the annual cost of retiring the
indebtedness, including interest, sinking fund and operating
costs of suchthe toll highway.

NOTE: The purpose of this bill is to reorganize the
Parkways, Economic Development and Tourism Authority by deleting
all references to economic development and tourism powers and
duties, renaming the authority and returning its budget to
legislative control. The bill requires that all revenues and
proceeds from the sale of bonds issued under this article
necessary for debt service and retirement of the bonds,
maintenance and upkeep of Parkway projects and any other
obligation under the bond resolution or trust agreement securing
the bonds, be deposited into a special revenue fund dedicated
solely to those costs, with any excess being deposited into the
general revenue fund in the state treasury. All expenses of the
Authority, except for those mandated by the bond issues are
payable solely from funds appropriated by the Legislature for
such purposes. The bill also makes technical amendments and
updates certain references.

Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.